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How long is a lien good for on residential construction projects? thank you

Completed a roof on a home they refused to pay so we placed a lien on thier home. How long is that lien good for? thank you

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Attorney answers (3)

Reputation Level 10
Claims of Lien or Mechanic's Liens have a duration that varies according to state law. In California, a Mechanic's Lien is only good for 90 days before it must be foreclosed, but in a Texas jurisdiction the lien period could very well be longer.
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Reputation Level 11
The duration of a mechanics lien varies from state to state. In Florida, for example, a claim of lien must be foreclosed (file a lawsuit) within 1 year of the date of its recording. You need to consult with a local attorney regarding the duration of your lien.

Reputation Level 19
Assuming the lien is valid, you need to sue to foreclose the lien in 1 or 2 years, depending on the type of project. There are some special requirements to get a valid lien if the property is homestead, so be careful about that - the additional requirements include a contract signed by all the owners (husband & wife), and recording the contract in the County Real Property records, as well as recording the lien timely and givng the proper notices. Filing an improper lien can expose you to liability.

If suit is not filed to foreclose the lien in time, the lien is lost. Give me a call if you want to discuss in more detail.

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